Apixaban (Eliquis): four years of UK generics while Europe stayed protected

What was decided

European Patent (UK) 1 427 415 claimed apixaban, the factor Xa inhibitor sold as Eliquis. The patent expired on 16 September 2022; UK SPC/GB11/042 extended protection to 19 May 2026. Sandoz and Teva argued that the patent specification did not make it plausible that apixaban would have useful factor Xa inhibitory activity, and that a patent which does not make its own claimed effect plausible cannot be inventive or sufficient.

The High Court (Mr Justice Meade) agreed in April 2022 and, in a second judgment that July, also found four BMS formulation patents obvious. The Court of Appeal (Lord Justice Arnold, with Lords Justices Nugee and Warby) dismissed BMS’s appeal on 4 May 2023. The plausibility standard set in this case was the one the Court of Appeal later refused to abandon in the 2025 dapagliflozin appeal.

Elsewhere the same patent did better. The Paris court rejected Teva’s invalidity case in June 2023, and a Dutch court refused a preliminary injunction against Sandoz, leaving the merits open. Europe’s exclusivity for Eliquis is generally reported as ending in May 2026, when the national SPCs expire.

Timeline

Date	Event
April 2022	High Court holds the compound patent and SPC invalid
31 May 2022	Teva launches generic apixaban in the UK (first UK generic)
July 2022	High Court holds four formulation patents invalid
16 September 2022	Compound patent reaches the end of its term
4 May 2023	Court of Appeal dismisses BMS’s appeal
June 2023	Paris court upholds the patent against Teva
19 May 2026	Expiry date of the UK SPC and, broadly, of European exclusivity

What it means if you are…

A parallel trader. For four years the UK had multiple generic apixabans at generic prices while France, Germany and most of the EU still had a protected brand. Product flows that assume a single European exclusivity date get this kind of case wrong by years. The register tells you the SPC date; only the case law tells you whether it will be reached.

A generics or launch planner. Plausibility is a UK-specific weapon against older compound patents, and the Court of Appeal has now applied it twice to blockbusters. It does not travel well: the French court looked at the same patent and kept it. A UK clearance is a UK clearance.

A wholesaler or buyer. Four years of UK generic supply ahead of the rest of Europe meant UK prices decoupled early. The same is now happening in reverse as continental markets open in 2026, which changes where the cheapest compliant supply sits.

Status and what to watch

The UK is long settled. The European SPCs expire in May 2026, so continental generic entry is a date question rather than a litigation one from here, subject to any remaining secondary patents.